(PC) Delphin v. Morley ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY DELPHIN, Case No. 1:19-cv-01076-SKO (PC) 12 Plaintiff, ORDER RE PLAINTIFF’S EX PARTE APPLICATION FOR EXTENSION OF TIME 13 v. (Doc. 104) 14 J. MORLEY, et al., 15 Defendants. 16 17 Plaintiff Jeremy Delphin is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 On March 13, 2023, Defendants filed a motion for summary judgment. (Doc. 96.) 20 On April 12, 2023, the Court issued its Second Informational Order — Notice and 21 Warning of Requirements for Opposing Defendants’ Summary Judgment Motion. (Doc. 103.) 22 The Court found Defendants’ Rand1 Warning to Plaintiff to be insufficient, provided Plaintiff the 23 appropriate warnings, and extended the deadline within which Plaintiff could oppose Defendants’ 24 summary judgment motion. (Id.) 25 On April 28, 2023, Plaintiff filed a document titled “Change of Address and a Ex Parte 26 Application.” (Doc. 104.) Plaintiff asks the Court for a 30-day extension. (Id. at 1-2.) While 27 28 1 Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). 1 Plaintiff does not state why he needs the extension of time, the Court’s docket indicates that 2 Plaintiff’s request pertains to Defendants’ pending summary judgment motion. Plaintiff states he 3 is not in possession of his legal property following an ad-seg placement, is “overwhelmed” with 4 the demands of this case and others, and finds it “hard to understand” the case without a law 5 degree. (Id.) 6 Good cause appearing, IT IS HEREBY ORDERED that Plaintiff SHALL file an 7 opposition, or statement of non-opposition to Defendants’ summary judgment motion no later 8 than Monday, June 5, 2023. 9 IT IS SO ORDERED. 10 11 Dated: May 4, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28